Va. Model Jury Instr. Crim. No. 13.400

The defendant is charged with the crime of computer invasion of privacy. The Commonwealth

must prove beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant used a [computer; computer network] to intentionally examine any

[employment information; salary information; credit information; financial information; identifying

information such as (social security number; driver’s license number; bank account number; credit or

debit card number; personal identification number (PIN); electronic identification codes)] relating to

any other person; and

(2) That the defendant used the [computer; computer network], to examine the information after the

time at which the defendant knew or should have known that the defendant [had no right, agreement

or permission to use the (computer; computer network); acted in a manner knowingly exceeding any

right, agreement or permission to use the (computer; computer network)] to view the information

displayed; and

(a) That the defendant violated this section after having been previously convicted of computer

invasion of privacy or any substantially similar law of another state or the United States; or

(b) That the defendant sold or distributed such information to another; or

(c) That the defendant used such information in the commission of another crime.

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime as charged, then you shall find the defendant guilty of the

felony of computer invasion of privacy, [but you shall not fix the punishment until your verdict has

been returned and further evidence has been heard by you].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the first two elements of the crime as charged but has failed to prove [that the defendant

violated this section after having been previously convicted of computer invasion of privacy or any

substantially similar law of another state or the United States; that the defendant sold or distributed such

information to another; that the defendant used such information in the commission of another crime],

then you shall find the defendant guilty of the misdemeanor of computer invasion of privacy [but

you shall not fix the punishment until your verdict has been returned and further evidence has

been heard by you].

If you find that the Commonwealth has failed to prove beyond a reasonable doubt either or

both of the first two elements of the crime, then you shall find the defendant not guilty.